Campbell v. State
| Docket Number: | 2002-KA-01448-COA Linked Case(s): 2002-CT-01448-SCT ; 2002-KA-01448-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-27-2004 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Capital murder - Burglary of a dwelling house - Right to remain silent - Right to confront witnesses Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ. Concurs in Result Only: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-16-2002 Appealed from: Yazoo County Circuit Court Judge: Jannie M. Lewis Disposition: CONVICTED OF CAPITAL MURDER AND SENTENCED TO LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE District Attorney: James H. Powell, III Case Number: 20-8611 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Clifton Campbell |
THOMAS RICHARD MAYFIELD
THOMAS E. ROYALS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Capital murder - Burglary of a dwelling house - Right to remain silent - Right to confront witnesses |
| Summary of the Facts: | Clifton Campbell was convicted of capital murder with burglary of an inhabited dwelling as the underlying felony charge. He was sentenced to life imprisonment without the possibility of parole. Campbell appeals. |
| Summary of Opinion Analysis: | Issue 1: Burglary of a dwelling house Campbell argues that after having secured an indictment charging him with murder while engaged in the burglary of a dwelling, the State had the burden of proving as an essential element of that charge that the subject structure was a dwelling within the meaning of the burglary statute. The burglary charge was the underlying felony to capital murder and even though the State did not present evidence of who specifically owned the dwelling, there was plenty of evidence that the structure was a dwelling. It was furnished, it had running water and electricity and it was known to be suitable for human habitation. Issue 2: Right to remain silent Campbell argues that his decision to invoke his privilege against self-incrimination after his arrest was improperly used against him at trial, because he was impeached by the fact of his decision to remain silent. Campbell testified that he was an innocent bystander to the murder. On cross-examination, he was asked a series of questions which sought to establish that in spite of his claim of being an innocent bystander, he never went to the authorities to offer his version of events. The questioning was proper cross-examination that did not ask about Campbell's post-Miranda silence. Issue 3: Right to confront witnesses Campbell argues that his right to confront witnesses was violated when his attorney introduced certain statements made by Campbell's co-indictee into evidence. The right of confrontation may be waived by an accused or his attorney. Since there was a legitimate trial tactic or purpose involved in putting the statements into evidence, there is no ground to find that the waiver of the right of confrontation was invalid. |
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